In re the Estate of Flood

Foley, S.

I have carefully considered the briefs of counsel, the report and opinion of the referee, and the testimony in this contested accounting proceeding. The report of the referee will be confirmed with the following modifications: In my original decision in this proceeding construing the will I held that the discretion vested in-the executors and trustees to support the life tenant of the trust was not absolute, but subject to scrutiny as to possible fraud or diversion. I further determined that by the use of the words “ used,” “ applied,” “ maintained,” and “ supported ” in the will the…